Risk Utility vs. Consumer Expectations In Product Liability Cases

The Florida Supreme Court is currently considering revisions to the Florida Standard Jury Instructions that could make product liability cases in Florida more difficult to defend. Founding partners, Bud Kirk and Dick Caldwell are carefully monitoring the status of the proposed revisions and have taken an active role in petitioning the Court to consider the possible impact of these changes from the manufacturers' perspective.

Related Questions

• Can you begin by briefly describing the difference between a risk utility test and a consumer expectation test and how they are applied in a product liability case?

Dick Caldwell: The risk-utility test, which is applicable to design defect allegations, asks the jury to consider whether the risks posed by a product design are outweighed by the utility of the design in accomplishing the uses or function of the product. Many cases which discuss the risk-utility test set forth a short list of factors which a jury can